Author Archives: Michael Froomkin

Leiter’s Open Letter to Law Bloggers

Brian Leiter, An Open Letter to Other Law Bloggers Regarding the US News Rankings

When the new rankings come out in a couple of weeks, may I suggest that you not post the overall ranking. You all know the overall rank assigned to a school by U.S. News is meaningless, often perniciously so. It combines too many factors, in an inexplicable formula, and much of the underlying data isn't reliable, and some of it e.g., expenditures on secretarial salaries and electriciy isn't even relevant. You all know this. So don t report it. The fact that this garbage appears in a major news magazine doesn't change the fact that it is garbage.

Instead, let me suggest that if you want to blog about the rankings when they come out, write about some of the underlying data that speaks for itself: the reputational scores, for example, or the bar passage rates, or the numerical credentials of the students. Those have limitations too—the median of 500 is not really comparable to the median of 200; the reputation scores are not based on presenting evaluators with any information about the schools being evaluated; and so on—but one can at least say clearly what the limitations are, and one is not hostage either to the dishonesty of the schools “reporting” the data or the sheer idiocy of the U.S. News ranking formula.

Indeed the USN rankings are the dumbest pseudo-stats imaginable. But people — especially prospective students — put enormous weight on them.

Posted in Law School | Comments Off on Leiter’s Open Letter to Law Bloggers

Important FISA Statement by House Judiciary Committee

I don't know if this will be important politically, but it is important intellectually.

The Gavel » Blog Archive » Judiciary Committee Members: Administration Has Not Made the Case for Telecom Immunity Judiciary Committee Chairman John Conyers and 19 Members of the Judiciary Committee issued a statement regarding telecommunications immunity, as the House prepares to consider the FISA Amendments Act of 2008. Following a review of classified information relating to the warrantless surveillance program and immunity for telecommunications companies, the Members reported their conclusion that the Administration has not established a valid and credible case to justify granting blanket retroactive immunity at this time.

The full text of the statement is quite long and careful.

Not only does it give new details of what's been going on, but it demolishes the case that there's some justification lurking in the secret documents that might justify the Rockefeller retreat from legality.

Posted in Civil Liberties | Comments Off on Important FISA Statement by House Judiciary Committee

Spitzer Does the Right Thing

YouTube – Eliot Spitzer Resignation

Now, how about family values Senator Vitter – when is he going to resign?

Posted in Law: Ethics | Comments Off on Spitzer Does the Right Thing

Last Chance to Get Bell Labs Science Kits

I have fond memories of playing with a CARDIAC cardboard computer in grade school. They were handed out as something of an experiment, and I'm not sure that it was judged a success, but I loved it.

Well, it turns out that you can order a CARDIAC — but only for a few more days.

Order now: Bell System Memorial- Bell Labs Science Kits – they're going out of business at the end of the month.

Other Bell Science kits available for a few more days which you may recall from the 60s and 70s include “From Sun to Sound”, “Speech Synthesis”, “Energy from the Sun” and “Experiments with Crystals and Light”.

Posted in Science/Medicine | 2 Comments

A Ray of Hope on FISA

House leaders plan to introduce Substantially improved FISA bill. Not a good bill, but not an evil bill either. Notably it doesn't have a telecom immunity provision. In other words, much better than anything to emerge from the Senate so far.

Could it be that the results from the recent Illinois special election — in which the losing GOP candidate tried to demagog on FISA and fell flat — have stiffed a spine or two?

Actually, the House text has a pretty clever move in it: the bill makes clear beyond doubt that telecoms may submit classified exculpatory evidence to the court reviewing the legality of their behavior notwithstanding the administration's assertion of state secrets privilege. As this alleged lack was often cited as a major reason for the immunity provision, there's one fewer specious argument available for immunity — and a lifeline for anyone who'd like to climb down from that increasingly unpopular viewpoint.

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Fallon Firing Fallout: Petraeus Wins

It looks to me as if the big winner in the Fallon firing (and even Steve Clemons says it is a firing) is Adm. Fallon's nominal subordinate Gen. David Petraeus. It didn't look good for Petraeus to have his boss on a different page; it revealed Petraeus's spin for what it was.

And it's important for Petraeus to look good: not primarily because he's at least a long-shot contender for the vice-presidential slot on the McCain ticket, but because Petraeus is the key to the administration's domestic strategy for the fall.

Bush desperately wants a Republican to succeed him, not just to avoid the visible repudiation but also to keep the scandals under the rug. The linchpin of the political strategy is to tar the Democrats as not just weak on defense but part of the Dolchstoßlegende (stab in the back) tendency. And the man who's going to do much of the heavy lifting for Bush is Petraeus, who's currently hoping to do another round of testimony on the Hill on or about 9/11/08 — just as the electoral season kicks into high gear.

(Why the Democrats would allow this testimony on such a charged date is beyond me, but there's no understanding the political death wishes and spinelessness of our Senators. They allowed it last year.)

[Update (3/12): I'm told this year's testimony is actually scheduled for April 8 and 9 — the dates that US forces took Baghdad and the Saddam statue came down. Another triumph of Democratic planing.]

Posted in Iraq | 1 Comment